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Court of Appeal allows appeal and sets aside an Order of the High Court wherein interlocutory relief was refused in proceedings concerning unauthorised development of lands for tree felling, on the grounds that the trial Judge had assessed the affidavits with the mistaken view that the burden of proof fell on the appellant.
Planning and development law - tree felling -unauthorised development - refusal of an injunction under s.160 of the Planning and Development Act 2000 - appeal of refusal - onus of proof is on the respondent to prove that their actions fell within the exemption of tree felling - Court of Appeal clarified that the burden of proof lies with the respondent to demonstrate that they acted within the legal bounds - tree felling amounts to unauthorised development - appeal allowed - lands to be restored to their original condition prior to unauthorised development - remediation.
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